Mississippi/EZ Policies

EZ Policies for Mississippi

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The Advantage Jobs Incentive Program is a rebate program designed to encourage businesses that create new quality jobs to locate in the state. Jobs must meet or exceed the average annual wage of the state or the county in which the company locates, whichever is lower. The amount available for rebate is the lesser of the qualified Mississippi personal income tax withheld or a legal maximum of 4% of applicable wage. Once the amount available is determined, the eligible company will receive 90% if the annual average wage is at least 110% of the lesser of the average county or state wage.

The Air Emission Regulation for the Prevention, Abatement and Control of Air Contaminants is relevant to all ongoing and planned developments in Mississippi. The Regulation sets the maximum amount of permitted emissions of particulate matter from all activities. No person shall cause, permit or allow the emission smoke from a point source into the open air from any manufacturing, industrial, commercial or waste disposal process which exceeds 40% opacity unless it is a Startup operation, which may produce emissions exceeding 40% opacity for up to 15 minutes per startup in any one hour and not exceed 3 startups per day. No person shall cause, allow, or permit the discharge of any point source or emissions, which will obscure someone's view by 40%.

For fossil fuel burning the maximum permissible emission of ash and/or particulate matter shall be limited to less than .6 pounds per million BTU for installations less than 10 million BTU per hour heat. For installations equal or greater than 10 million BTU per hour heat input shall not exceed the rate of E = 0.8808 * I-0.1667 where E is the emission rate in pounds per million BTU per hour heat input and I is the heat input in millions of BTU per hour. Emissions from installations equal to or greater than 10,000 million BTU per hour heat input shall not exceed .19 pounds per million BTU per hour heat input. Fuel burning operations utilizing a mixture of combustibles with fossil fuels to produce steam or heat water or any other heat transfer medium through indirect means may be allowed emission rates up to .30 grains per standard dry cubic foot.

The amount of sulfur dioxide emissions from fuel burning shall not exceed 4.8 pounds per million BTU heat input. The maximum sulfur dioxide from any fuel-burning unit whose generation capacity is less than 250 million BTU per hours 2.4 pounds per million BTU heat input.

The Air Emissions Operating Permit Regulations for the Purpose of Title V of the Federal Clean Air Act make the state Title V permitting program (Permit Regulations for the Construction and/or Operation of Air Emissions Equipment) consistent with the federal requirements by including the EPA’s Green House Gas Emission standards. Green House Gasses are: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. These shall not be subject to regulation unless, as of July 1, 2011 the Green House Gas emissions are at a stationary source emitting or potentially emitting 100,000 tons per year of co2 equivalent emissions (calculated by multiplying the mass amount of emissions, for each of the 6 Green House Gasses, by the gas's associated global warming potential found in table A-1 to Subpart A of 40 CFR part 98- Global Warming Potentials). Prior to July 21, 2014 the mass of the carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of non-fossilized and biodegradable organic material originating from plants, animals, or microorganisms.

This environmental regulation is an addition to the Water Quality Criteria for Intrastate, Interstate, and Coastal Water regulations. It separates Mississippi's water into 3 tiers. Tier 1 waters are those waters in which the existing water quality does not support designated uses. Tier 2 waters are those waters in which the water quality meets or exceeds the mandatory minimum levels to support the Clean Water Act (CWA) goal of propagation of fish, shellfish, and wildlife, and recreation in and on such waters. Tier 3 waters are those high quality waters that constitute Outstanding National Resource Waters (ONRWs). Mississippi Department of Environmental Quality (MDEQ) will decide which tier applies to state water based on provided information. All existing uses must be maintained and protected in all water of the State regardless of whether they are considered a Tier 1,2, or 3 water. All waters in Mississippi are considered to be tier 2 waters unless otherwise noted. The methods that the State will use to implement the antidegredation policy include the following components: A determination of the impact of the discharge upon state waters, alternative analysis, socio-economic issues, a preliminary State antidegredation decision, public review/input, and a final State decision.
A report regarding compliance with the antidegredation policy shall be conducted for all or new expanding wastewater discharges into Mississippi surface waters that require an NPDES permit. This Notice of Intent (NOI) to discharge will be reviewed by the MDEQ. The applicant must provide the following in their NOI application: Alternative Analysis, Socio-Economic Impacts Analysis.

Community Development Block Grant/Economic Development Infrastructure Financing (CDBG/EDIF) provides public infrastructure financing to help communities grow jobs, enable new business startups and expansions for existing businesses.
State programs help achieve the national objective of CDBG by funding projects in which at least 51 percent of the new jobs created are made available to low and moderate income individuals. The maximum amounts awarded under the program are $1 million for new businesses locating to the state and $500,000 for existing businesses expanding in the state.

The purpose of the Dam Safety Regulation is to ensure that all dams constructed in the state of Mississippi are permitted and thus do not potentially harm wildlife, water supplies and property. Any person or entity proposing to construct, enlarge, repair, or alter a dam or reservoir must obtain written permission from the Permit Board prior to commencement of any site work related to the project. The Permit Board may require any information necessary to evaluate a proposal. Any person intending to acquire the right to store or use water from a reservoir formed by a dam shall submit an application for a surface water use permit to the Mississippi Department of Environmental Quality in accordance with Mississippi Code Annotated, Sections 51-3-5 and 51-3-7, and the regulations of the Commission promulgated thereunder. Within 30 days after completion of a dam, the owner shall submit 1 complete set of as-built plans and specifications to the board. The submittal shall include a letter by the professional engineer responsible for the project.

High Hazard Dams are classified by dams in which failure may cause loss of life, serious damage to residential, industrial, or commercial buildings; or damage to, or disruption of, important public utilities or transportation facilities such as major highways or railroads. Dams that are proposed for construction in established or proposed residential, commercial, or industrial areas will be given a High Hazard classification. Most projects carried out for energy generation will be high hazard.

A surface water permit may also be required for any person to impound and store water behind a dam. Any changes to the dam must be immediately reported to the MDEQ. The owner shall perform a visual inspection every 60 days and after every major rainfall event over the watershed.

Mississippi offers low-interest loans for renewable energy and energy efficiency projects. Eligible renewable energy technologies include solar thermal, solar space heat, solar process heat, photovoltaics (PV), alternative fuels, geothermal, biomass, landfill gas and hydropower. All projects must demonstrate that they will reduce a facility's energy costs. The interest rate is 2% below the prime rate, with a maximum loan term of 10 years. Loans range from $15,000 to $500,000. This program is supported by a revolving loan fund of $7 million, established through federal oil overcharge funds.

Applications are provided to interested parties by request. Contact the Mississippi Development Authority for more information.

The State has significant potential to develop biomass energy from forest resources. The Mississippi Biomass and Renewable Energy Council is organized to provide information about biomass resources and to serve as a forum for building partnerships and promoting biomass incentives in the state:

The Hazardous Waste Management Regulations follow the EPA's definitions and guidelines for the most part, which are listed in 40 CFR parts 260-282. In addition to these federal regulations the Mississippi Department of Environmental Quality requires that each generator of greater than 220 pounds of hazardous waste in any month during the previous calendar year shall report, by March 1, to the department the type and amount of waste generated during the preceding calendar year. Also, each transporter of hazardous waste shall report annually by march 1 of each calendar year. These regulations also outline the limits to where a hazardous waste management facility can be placed physically.

The purpose of the Hazardous and Nonhazardous Solid Waste Applicant Disclosure Regulations is to help maintain accountability and track data on the hazardous and nonhazardous waste sites in Mississippi. This regulation requires that every applicant (other than a public agency) for issuance, reissuance or transfer of a permit for the treatment, processing, storage, or disposal of nonhazardous solid waste at a commercial solid waste management facility or hazardous waste at a commercial hazardous waste management facility disclose all information requested by the Permit Board. They must disclose information about their business, their environmental history, their plans for the facility, what waste they will generate and their mitigation plans.

The Interstate Oil and Gas Compact Commission assists member states efficiently maximize oil and natural gas resources through sound regulatory practices while protecting the nation's health, safety and the environment.

The Commission serves as the collective voice of member governors on oil and gas issues and advocates states' rights to govern petroleum resources within their borders.

The Commission formed the Geological CO2 Sequestration Task Force, which examines the technical, policy and regulatory issues related to safe and effective storage of CO2 in the subsurface (depleted oil and natural gas fields, saline formations and coal beds).

The Commission also funds research on hydraulic fracking, reusing water used in extracting oil and gas, and makes recommendations on national energy policies and statutes for individual states.

The Commission also has several associate states: North Carolina, South Carolina, Georgia, Tennessee, Missouri, Idaho, Oregon and Washington. In addition, it has international affiliations with the Canadian provinces of Alberta, British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, Saskatchewan, and the Yukon.

In April 2010, the Mississippi Legislature enacted HB 1701, establishing the Mississippi Clean Energy Initiative. This program provides an incentive for companies that manufacture systems or components used to generate renewable energy, including biomass, solar, wind and hydro generation. Alternative energy manufacturers, including manufacturers of components used in nuclear power plants, are also eligible for this incentive. This program allows the Mississippi Development Authority (MDA) to certify these manufacturers for a tax exemption.

Eligible manufacturers are offered a 10-year exemption from state income and franchise taxes as well as a sales and use tax exemption to establish a plant or expand an existing production facility. To qualify, a business entity must have a minimum investment of $50 million and create 250 full-time jobs.

Upon issuance of the certification, the entity shall be exempt from state taxes for a period of 10 years subject to certain performance requirements set out in the agreement. The entity must enter into an agreement with the MDA detailing the performance requirements of the approved business enterprise during the term of the exemption and provisions for recapture of all or a portion of the taxes exempted if the performance requirements are not met. Upon certifying an entity as eligible for the exemptions, the MDA will pass the information to the Department of Revenue so that the exemptions can be implemented.

The Mississippi Loan Guaranty Program, administered by the Mississippi Business Finance Corporation ("MBFC"), enables small businesses to obtain term financing through the use of loan guarantees. The MBFC maximum guarantee is 75% of the bank's loss in the event of a default or $375,000, whichever is less. Loans may have a maturity of up to 20 years, with the interest rates established by the lender.

The Mississippi Public Utility Act is relevant to any project that plans to generate energy. It requires that a utility must first obtain a Certificate of Public Convenience and Necessity (CPCN) from the Mississippi Public Service Commission (PSC) before commencing construction of a new electric generating facility. Public or private utilities must file a petition for a CPCN requesting the authority to acquire, construct, maintain, and operate an electric generating facility. The Mississippi PSC utilizes a process that provides for interested parties' intervention, allows appropriate periods for discovery and submittal of both interveners' direct testimony and the applicant’s rebuttal testimony, and concludes with public hearing at the PSC to determine the merits of the petition. Upon completion of this process, the Mississippi PSC will issue a ruling on the utility’s request for a CPCN.

The purpose of the Mississippi Regulations for the Prevention of Air Pollution Emergency Episodes is to prevent the excessive buildup of air pollutants during air pollution episodes, thus preventing the occurrence of an emergency due to the effects of these pollutants of the health of people. The Director of the Mississippi Department of Natural Resources can announce an air pollution alert when they determine that the accumulation of air pollutants in any place is putting people's health at risk. Any person responsible for the operation of a source of air contaminant which emits .25 tons per day or more of air contaminants, for which standards have been adopted, must prepare emission control action programs. These programs must be consistent with good industrial practice and safe operating procedures, for reducing the emission of air contaminants into the outdoor atmosphere during periods of an air pollution alert, air pollution warning, and air pollution emergency. Emission control action programs must be written and describe the plan in detail; these plans must be available to the commission upon request.

This regulation applies to any stationary source or modification to which 40 CFR 52.21 applied as of the date of adoption of this regulation, but for which the Mississippi Environmental Quality Permit Board had not issued a permit pursuant to 40 CFR 52.21 by that date.

The purpose of the Nonhazardous Solid Waste Management Regulations and Criteria is to establish a minimum State Criteria under the Mississippi Solid Waste Law for all solid waste management facilities. These minimum State Criteria ensure the protection of human health and the environment. In order to operate a solid waste management facility either a permit or a certificate of coverage must be obtained from the Permit Board.

Excluded from this regulation are wastes subject to Part C of the Federal Safe Drinking Water Act (Underground Injection Wells). Solid wastes contained within mining overburden that is returned to the mine site. Wastes associated with the exploration or production of crude oil or natural has, except where those wastes are disposed or processed in a commercial oil field exploration and production waste disposal facility (storage, treatment, recovery, processing disposal or acceptance of oil field exploration and production waste from more than 1 generator or for a fee).

When a waste management facility is contained within the location of an industrial property on which the wastes are generated (electric power generation) the site does not need to adhere to siting requirements outlined in paragraphs P through U and W through Y of the siting section (section III) of this regulation. In regards to siting waste management facilities s the technologies must be aware of Airports, Floodplains, Wetlands, Fault Areas, Seismic Impact Zones, Unstable Areas, Hydrocarbon Wells and Water Wells, Public Water Supplies, Surface Water, Air Quality, Endangered or Threatened Species, Historical and Archaeological Areas and Local Government Regulations/Solid Waste Management Plans.

The owner of a solid waste site must keep daily records of the waste input. They are also responsible for the submission of an annual report to the MDEQ each year on or before February 28th.

Specific permits are required for landfills, rubbish sites, waste management facilities, transfers, processing facilities, and composting facilities. Many of the potential energy projects may want to apply for exclusion for rubbish disposals activities from MDEQ.

Under these regulations Coal with Carbon Storage Operations that would submit proposals for beneficial use of gasification ash or other solid wastes from the proposed facilities would require a case by case review by the MDEQ to verify that the proposed use of these wastes would not pose an unacceptable human health risk or cause ground water or surface water contamination in concentrations above MDEQ standards or criteria.

Under these regulations Coal with Carbon Storage Operations that would submit proposals for beneficial use of gasification ash or other solid wastes from the proposed facilities would require a case by case review by the MDEQ to verify that the proposed use of these wastes would not pose an unacceptable human health risk or cause ground water or surface water contamination in concentrations above MDEQ standards or criteria.

The Permit Board will issue two types of air pollution control permits, a permit to construct air emissions equipment and a State Permit to Operate such equipment. A State Permit to Operate is required for all emitting sources applicable to energy production. All applications must be submitted on the form supplied by the Permit Board.

It is only necessary to apply for a permit if you are not meeting the standards outlined in the Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants regulations. Applicants for all permits to construct or operate, or to renew a State Permit to Operate, must specify the air emission rate for each expected air pollutant subject to regulation under the Federal Clean Air Act.

The information needed for a permit to construct and state permit to operate a new stationary source is: 2 complete sets of site drawings, construction drawings, design calculations and specifications, Upon request by the Permit Board any additional information necessary to evaluate the design adequacy of the new stationary source, the Permit Board may enquire the applicant to predict the impact of emissions on air quality.

The applicant must adhere to all Air Quality Standards and receive permission from Permit Board to begin operations. The granting of a Permit does not relieve the source of the responsibility to comply with other applicable Regulations or Law. The State Permit to Operate expires after 5 years; renewal must be applied for in no less than 180 days of issuance. Every stationary source with actual emissions of air contaminants in excess of .25 tons per day must have a Commission-approved emissions reduction schedule.

The following emissions units are excluded from the requirement for a permit to construct provided the unit is not a new major stationary source, major source of hazardous air pollutants: Coal of residual oil-fired combustion devices or groups of devices with a total rated input capacity of less than 2,000,000 BTU/hr, distillate oil or combination distillate and gas-fired units or groups of units with a total rated input capacity less than 10,000,000 BTU/hr and natural gas fired devices or groups of devices with all individual rated input capacities of less than 10,000,000 BTU/hr and a total rated input capacity less than 25,000,000 BTU/hr. Equipment used exclusively for oil and gas field production, gathering, storing and transmission. Petroleum products storage facilities with no individual storage tank greater than 19,800 gallons and total storage capacity less than 55,000 gallons. Surface coal mining operations for which a permit has been issued by the Permit Board or by the Federal Office of Surface Mining. Dedicated fuel stations with total storage capacity less than 55,000 gallons and no individual tank greater than 19,800 gallons. Initial field testing of oil and gas wells, after proper notification to the Commission provided such tests will not produce 100 tons per year or more of any pollutant.

The Property Tax Fee-In-Lieu allows for new or expansion projects in the state that have a private capital investment in excess of $100,000,000, a negotiated fee can be set that is paid in place of the standard property tax levy. This incentive is provided to encourage development with local communities and must be agreed to by the local board of supervisors and municipal authorities prior to being awarded. This negotiated fee may be awarded for up to 10 years, but cannot be less than one third of the property tax levy, including the property taxes assessed for school districts.

The Senate Bill 2793 authorizes the Public Service Commission (PSC) to utilize an alternative cost recovery for certain base load generation. The PSC is authorized to include in an electric utility's rates certain pre-construction, construction work in progress, operating and other costs incurred in connection with certain new base load generating facilities. This legislation promotes the expansion of electric generation through a diversity of fuel sources, including nuclear, coal with CCS and other reliable fuel sources (natural gas, biofuels). This legislation is in recognition of technological advances in nuclear, coal and other technologies, which reduce the emission of regulated toxins. It was also enacted in order to take advantage of the financial and other incentives afforded by the federal Energy Policy Act of 2005 for the construction of certain electric generating facilities. The PSC is authorized to contract for up to $350,000 for professional audit services associated with a given nuclear generating facility.

This entry lists the states with Renewable Portfolio Standard (RPS) policies that accept generation located in Mississippi as eligible sources towards their RPS targets or goals. For specific information with regard to eligible technologies or other restrictions which may vary by state, see the RPS policy entries for the individual states, shown below in the Authority listings. Typically energy must be delivered to an in-state utility or Load Serving Entity, and often only a portion of compliance targets may be met by out-of-state generation. In addition to geographic and energy delivery requirements, ownership, registry, and other requirements may apply, such as resource eligibility, generator vintage and capacity limitations, as well as limits on Renewable Energy Certificate (REC) vintage. The listing applies to RPS Main Tiers only, and excludes solar or distributed generation that may require interconnection only within the RPS state. This assessment is based on energy delivery requirements and reasonable transmission availability. Acceptance of unbundled RECs varies. There may be additional sales opportunities in RPS states outside the Eastern Interconnection. REC prices in markets with voluntary goals (North Dakota, South Dakota) may be lower.

The Rules and Regulations Governing Geophysical, seismic or Other Type Exploration on State-Owned Lands Other than State-Owned Marine Waters is applicable to the Natural Gas Sector and the Coal with CCS Sector. This law is implemented under the jurisdiction of the Mississippi Major Economic Impact Authority (MMEIA). This law requires that any person or company must receive a permit from the MMEIA before beginning their exploration. It also requires that any geophysical exploration on lands that are under special protection must be permitted by the agency governing the proposed lands.

The Rules and Regulations Governing Leasing for Production or Extraction of Oil, Gas and Other Minerals From Onshore State-Owned Lands is applicable to the natural gas sector. This law delegates the power to lease, for mineral extraction, state owned lands to the Mississippi Major Economic Impact Authority. This law gives the MMEIA the power to place state-owned lands leases up for public bid, and typically will award the land to the highest bidder, or to negotiate noncompetitive lease agreements. The MMEIA will act in the interest of the State, and all leases will be in permitted in coordination with existing regulations and policies.

During field operations the following rules apply unless the executive director grants special permission to the company. Explosive chargers larger than 20 pounds and/or multiple charges in total excess of 20 pounds shall not be used. Within 10-25 feet of the surface only charges of 1 pound or less may be used. No charges allowed above 10 feet. 25-40 Feet may use a charge of 1-2 pounds. 40-60 Feet may use a charge of 2-5 pounds. 60-70 feet may use a charge of 5-20 pounds. All drilling operations must be performed under the supervision of a driller licensed by the Mississippi Department of Environmental Quality. During operations in water, piping shall be removed below the mud line and will not be left protruding above the water. Upon completion of geophysical exploration all pipe shall be removed to a depth of at least 6 feet below the surface of the ground or water bottom. All materials used in operations shall have the name of the company or person conducting the survey, and pipe shall be completely removed upon completion. No explosives discharged within 1,000 feet of any boat (without notice to move the boat) or within 500 feet of any dredged channel, or within 300 feet of any dock, pier, causeway or other structure. Any and all damage caused by the geophysical exploration shall be repaired within 3 months of completion of field operations. Any physical modification to the surface shall be remedied upon completion of the work. Geophysical exploration for mineral resources shall be conducted so that those activities do not: Unreasonably interfere with or endanger operations under any lease, cause damage or harm to aquatic life, cause pollution, create hazardous or unsafe conditions, unreasonably interfere with or harm other uses of the area, or disturb cultural resources. Geophysical crews shall have the following items in their possession and available for inspection at the permittee's field office: A copy of the seismic permit including conditions, a copy of these rules and regulations, a detailed map showing the survey line locations and shot points.

The permittee must report all environmental damages within 30 days of completion or expiration of a permit. All information regarding mineral exploration on State lands shall be disclosed to the State, through MMEIA, upon request.

The Rules and Regulations Governing Leasing for Production or Extraction of Oil, Gas and Other Minerals From Onshore State-Owned Lands is applicable to the natural gas sector. This law delegates the power to lease, for mineral extraction, state owned lands to the Mississippi Major Economic Impact Authority. This law gives the MMEIA the power to place state-owned lands leases up for public bid, and typically will award the land to the highest bidder, or to negotiate noncompetitive lease agreements. The MMEIA will act in the interest of the State, and all leases will be in permitted in coordination with existing regulations and policies.

The Small Business Stationary Source Technical and Environmental Compliance Assistance Program establishes the Small Business Compliance Advisory Panel as a reference for small business which need to comply with the Federal Clean Air Act.

The Mississippi Small Enterprise Development Finance Program (SED) enables the Mississippi Business Finance Corporation (MBFC) to make loans to qualified private companies that will increase employment and investment in the State. The State of Mississippi issues general obligation bonds as the source of funding under the SED Program. The bonds are issued on a composite basis. The costs of issuance are prorated to each company participating in the issue; allowing companies to obtain tax exempt financing that would otherwise be unavailable due to prohibitive costs.
This program provides tax-exempt financing for small projects; and gives banks in the State; which meet MBFC criteria; an opportunity to issue letters of credit to support these efforts. The combination of lower than market interest rates and a fixed term make this program an attractive alternative for projects requiring loans of $4 million or less. Sales tax exemptions are granted for this type of public financing. Other tax incentives; such as those through the Mississippi Rural Economic Development Assistance Program (RED). Ad valorem exemptions may be granted if approved by the appropriate city and county.

South Mississippi Electric Power Association’s (SMEPA) smart grid project involves the deployment of advanced metering infrastructure (AMI) and covers the Generation and Transmission (G&T) Cooperative and five of its member distribution cooperatives: Coast Electric Power Association; Magnolia Electric Power Association; Pearl River Valley Electric Power Association; Southern Pine Electric Power Association; and Southwest Mississippi Electric Power Association. AMI enables two-way communication between SMEPA and its member cooperatives’ substation meters and between the member cooperatives and their customers’ meters for more detailed electric usage information as well as improved outage detection. Automated meter reading enables the SMEPA collaborative to improve operational efficiencies and reduce costs. Additionally; three of the member cooperatives (Magnolia; Southwest; and Pearl River Valley) are implementing supervisory control and data acquisition (SCADA) systems to enable improved reliability through increased visibility of distribution substations and circuits. In total 225,779 smart meters will be deployed throughout the territory of the five participating cooperatives.

The Southeast Interstate Low-Level Radioactive Waste Management Compact is administered by the Compact Commission. The Compact provides for rotating responsibility for the region's low-level radioactive waste, and the Commission can set rules for waste disposal in the region.

The Southern States Energy Compact provides for the proper employment and conservation of energy, and for the employment of energy-related facilities, materials, and products, within the context of a responsible regard for the environment, among the Southeastern states, Puerto Rico, and the U.S. Virgin Islands. The Southern States Energy Board is responsible for administering the Compact and may adopt bylaws, rules, and regulations in conjunction with state agencies. The Board also encourages the development, conservation, and responsible use of energy and energy-related facilities, installations, and products as part of a balanced economy and a healthy environment.

The Strategic Biomass Solutions (SBS) was formed by the Mississippi Technology Alliance in June 2009. The purpose of the SBS is to provide assistance to existing and potential companies, investors and economic developers in the renewable energy sector. It offers companies strategic guidance for making their technology investor ready and connects companies to early stage private capital and available tax incentives. SBS assists economic developers and companies in determining the economic feasibility of next generation bio-refineries. SBS is managed by the Mississippi Technology Alliance, a non-profit organization with the mission to drive innovation based economic development for the State of Mississippi.

The Surface Coal Mining Regulations are a combination of permitting requirements and environmental regulations that limit how, where and when coal can be mined. It protects lands that are under special regulation due to their nature, and applies only to state lands. When applied to Coal with Carbon Capture and Storage projects the rules that would apply to a normal coal-mining project still apply. In addition to these measures, a CCS plant would need to adhere to all waste disposal requirements, water usage requirements, and all other regulatory measures.

Most importantly this set of regulations requires that a State of Mississippi surface mining and reclamation permit be obtained from the Mississippi Department of Environmental Quality (MDEQ) Permit Board. In addition a state coal exploration license must be obtained from the MDEQ. The requirements for receiving a surface mining and reclamation permit include various mitigation plans, vegetation plans, community impact plans and many other statements.

In addition to obtaining these permits and adhering to environmental regulations, permitted must adhere to Appendix A (Revegetation Success standards), which are outlined in a separate document, listed as authority 2.

The purpose of the Surface and Groundwater Use and Protection is to ensure that Mississippi's public resource of water is safe and used properly. It requires that any person must obtain a permit from the Permit Board before initiating drilling of a groundwater well or placing a surface water intake. It gives the Mississippi Department of Environmental Quality DEQ the authority to revoke permits if the state deems that a water source is in danger and establishes this fact. Permits last for 10 years and must be reapplied for before 6 months of expiration. Any surface water diversion requires a permit, unless previously discussed with the Permit Board. Within 30 days of drilling completion date the permittee must submit data to the MDEQ.
New power generating facilities must use the lowest quality water source that is economically, environmentally, and technologically feasible; high quality groundwater may be used only for potable purposes. For any development requiring withdrawal of groundwater a permit is required and a notice of intent would be required for any project that may have a wastewater treatment facility that would require certification.

Tennessee Valley Authority (TVA) and participating power distributors of TVA power offer a performance-based incentive program to homeowners and businesses for the installation of renewable generation systems from the following qualifying resources: PV, wind, hydropower, and biomass. The long term Green Power Providers program replaces the Generation Partners* pilot program. The energy generated from these renewable generation systems will count towards TVA's green power pricing program, Green Power Switch.

The Green Power Providers program contract term is 20 years. For years 1-10, TVA will purchase 100% of the output from qualifying solar systems at a premium of $0.04** per kilowatt-hour (kWh) and from all other systems at $0.03 kWh** on top of the retail electricity rate. Participants will be paid only the applicable retail rate for years 11-20 of the contract. Premium payments will be reviewed annually by TVA, with plans to phase these payments out over the life of the program. All new participants in the Generation Power Providers program will receive a $1,000 incentive to offset the upfront cost. Participation in the Generation Power Providers program is subject to annual limits imposed by TVA and based upon available budget, the value of renewable technologies to TVA and renewable energy market conditions. Eligible Systems must not have previously generated renewable energy for sale to TVA prior to October 1, 2012, unless the system was part of the Generation Partners pilot.

TVA will retain all rights to all renewable energy credits and any other environmental attributes provided by system. Payment is made by either the Distributor Billing Option or the TVA-Vendor Direct Billing Option. With the Distributor Billing Option, a generation credit is issued by the local power company on the monthly power bill for the home or business where the generation system is located. If a qualifying system produces more electricity than the customer consumes, payment for any excess credits will be issued either monthly or annually, at the discretion of the power company. With the TVA-Vendor Direct Billing Option, participants receive the retail-rate portion of their monthly generation credit from the local power company and the premium rate is issued through a TVA-designated third party vendor.

Qualifying systems will have a minimum total nameplate generation capacity (DC) of 500 watts (W) and a maximum of 50 kilowatts (kW). Systems over 50kW may qualify to participate in TVA’s Mid-Sized Renewable Standard Offer program (link to DSIRE summary). Systems greater than 10 kilowatts in size will be subject to a load requirement. A “load requirement” simply means that the system’s maximum capacity will be limited so that it should not generate more than 100% of the energy usage or consumption at the home or business. TVA will conduct annual program evaluations to set annual MW limits to the program. These limits will be made available on the Generation Power Providers web site. A limit of 2.5 MW in nameplate capacity has been set for the remainder of the 2012 calendar year and 9 MW in nameplate capacity for the 2013 calendar year.

Installations must comply with local codes and adhere to guidelines established by the program. All equipment must be in compliance with environmental regulations and national standards, certified by a licensed electrician, and meet all applicable codes. Systems must be dual-metered, have an external disconnect switch, be grid-tied, and be validated under an interconnection agreement.

* Existing Generation Partners participants may qualify for a 10 year contract extension to be paid at retail prices.

**Prices reflect Premium Rates for 2014 Calendar Year and are applicable for agreements executed and dated by TVA on or after January 1, 2014 but on or prior to December 31, 2014.

NOTE: TVA has issued additional 100 MW of capacity for Renewable Standard Offer (RSO) program for 2015. Applications for new projects will open starting January 2, 2015.

The Tennessee Valley Authority (TVA) now compliments the small generation Green Power Providers Program by providing incentives for mid-sized renewable energy generators between 50kW and 20MW to enter into long term price contracts. The goal for total production from all participants is 100MW, with no more than 50MW from any one renewable technology. The Renewable Standard Offer program also includes Solar Solution Initiative program that offers additional financial incentives for Solar Photovoltaic (PV) projects.

TVA bases the standard offer for customer generators off of a seasonal time-of-day averages chart, which sets base prices for the term of the contract. For projects approved after January 2015, prices increase at a rate of 5% per year beginning in 2016 and may be changed with 90 days’ notice by TVA (no more than 1% per year). For 2015, the average price is expected range between $0.029/kWh during low demand periods to $0.051/kWh during high demand periods. Learn more about pricing here. Generation is recorded monthly through metering equipment installed by TVA and paid for by the participant.

All energy output, Renewable Energy Credits (RECs), or other environmental attributes from installations under this program belong to TVA, and all marketing of the program should indicate that TVA (not the power seller) consumes all of the energy from these renewable energy projects. Biomass, Wind, or Photovoltaics can be interconnected through either TVA's transmission system or partners' distribution systems under 10, 15, or 20 year contracts. Biomass should co-fire 50% or more with the fuel consumption content approved by TVA and separately metered. The remainder of the biomass production can be purchased through the TVA's Dispersed Power Production Program.

Before approval, the seller must provide TVA with project financing arrangements, interconnection agreements between the seller and either TVA or a Distributor, and TVA metering installation plans at an environmentally acceptable location. The participating power producer is responsible for interconnection, performance assurance, and application costs. TVA, or an approved third party, will also perform an environmental review at the seller’s cost.

The Development Infrastructure Grant Program (DIP) is a grant program that is available to fund publicly owned infrastructure, including electricity generation and distribution. Funding from this program can be used by municipalities and counties to assist with the location or expansion of businesses. Usage of the funds must be directly related to the construction, renovation, or expansion of industry. The maximum grant per project is $150,000.

The Underground Storage Tank Regulations is relevant to all energy projects that will require the use and building of pipelines, underground storage of any sorts, and/or electrical equipment. The term Underground Storage Tank (UST) does not include any pipe facility (including gathering lines) regulated under: The Natural Gas Pipeline Safety Act of 1968 (49. U.S.C. App. 1971), The Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2001), an intrastate pipeline facility regulated under state laws comparable to this these. These are a comprehensive set of siting, permitting, and environmental regulations which set limitations on where UST can be placed, and how they must be maintained and by whom.

The Underground Storage Tank Regulations for the Certification of Persons who Install, Alter, and Remove Underground Storage Tanks applies to any project that will install, alter or remove underground storage tank systems in Mississippi. These regulations mandates that no person may install, alter, or remove underground storage tank systems in this state unless that person holds current certification from the Department of Environmental Quality. This certified individual should install, alter and remove underground storage tanks according the Underground Storage Tank Technical Regulations. This regulation will require any new energy projects, with an Underground Storage Tank involved, to either obtain certification or hire someone with certification.

The Wastewater Regulations for National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification are a series of environmental regulations, permit requirements and standards that are applicable to any new energy generation development project, given that there is some waste associated with the development. Most of the regulations and permits required are very close, if not exactly the same, in language to the Federal Clean Water Act. The water quality standards established in the Clean Water Act are directly applicable to the Wastewater Regulations for National Pollutant Discharge Elimination System (NPDES) Permits, Underground Injection Control (UIC) Permits, State Permits, Water Quality Based Effluent Limitations and Water Quality Certification.

This regulation requires that any person, company, or corporation must obtain an Underground Injection Control permit before beginning any underground injection activities. A copy of the UIC permit must be provided to the MDEQ.

A National Pollutant Discharge Elimination System (NPDES) Permit must be obtained in order to discharge any regulated pollutants into water. These permits allow discharge into state waters but must comply with MDEQ's Antidegredation Policy and Submit an Antidegredation Report as part of the application or reapplication process. A copy of the NPDES must be provided to the MDEQ before usage of the system begins.

Any development, which may result in any discharge into the waters of the United States, must provide a certification from MDEQ stating that the discharge will comply with the Federal Clean Water Act. The appropriate materials must be submitted by applicants and will be reviewed by the Permit Board before issuance of the certificate.

Importantly, water, gas and other materials injected into a well to facilitate production of oil or gas, or fluids derived in association with oil or gas production and disposal thereof in a well where authorized by the State Supervisor of the Oil and Gas board are exempt from this regulation. This effectively exempts natural gas extraction using hydraulic fracturing from the regulation.

Importantly, water, gas and other materials injected into a well to facilitate production of oil or gas, or fluids derived in association with oil or gas production and disposal therof in a well where authorized by the State Supervisor of the Oil and Gas board are exempt from this regulation. This effectively exempts natural gas extraction using hydraulic fracturing from the regulation.

The Water Quality Criteria for Intrastate, Interstate, and Coastal Water were created to embody both state and federal law. State law mandates the protection of public health and welfare and the present use of waters for public water supplies, propagation of fish and aquatic life and wildlife, recreational purposes, and agricultural, industrial, and other legitimate uses. The Federal Clean Water Act requires states to adopt water quality standards. The water quality standards for Mississippi's water are separated into 4 major components: designated uses, narrative "free forms", numeric criteria, and antidegredation provisions. Water quality criteria can include general narrative statements (narrative criteria) and specific numerical concentrations that are calculated to protect aquatic life and human health (numeric criteria). During each triennial review, the criteria are adjusted as needed to reflect changes in law and science. Designated uses are those uses specified in water quality standards for each water body or segment whether or not they are being attained. They take into consideration the use and value of water for public water supplies, protection and propagation of aquatic life, recreation in and on the water (such as swimming and boating), and protection of consumers of fish and shellfish. Mississippi waters are classified into the following uses: Public Water Supply, Shellfish Harvesting, Recreation, Fish and Wildlife, Ephemeral.